What is the test for a defendant who lacks malice in a murder case?

California, United States of America


The following excerpt is from People v. Medina, F073902 (Cal. App. 2018):

Under section 187, subdivision (a), murder is the unlawful killing of a human being with malice aforethought. A person who commits an intentional and unlawful killing but who lacks malice is guilty of voluntary manslaughter pursuant to section 192. The intent to kill generally constitutes malice. In limited and explicitly defined circumstances, a defendant who intentionally kills may lack malice when the defendant kills in unreasonable self-defense or when the defendant acts in a sudden quarrel or heat of passion. Neither heat of passion nor imperfect self-defense is an element of voluntary manslaughter that must be affirmatively proven. Instead, they are theories of partial exculpation reducing murder to manslaughter by negating the element of malice. (People v. Moye (2009) 47 Cal.4th 537, 549.)

Other Questions


What is the prosecution's argument that defendant was not guilty of express-malice murder but at most of murder with implied malice? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
What is implied malice for the implied malice of a defendant in the second degree felony-murder doctrine? (California, United States of America)
What is the test for a jury to find a defendant guilty of murder if there is no evidence of malice in the case? (California, United States of America)
Is a defendant's claim that the trial court erred by instructing the jury on first degree murder because the information alleged only that the murder of Agent Cross was committed with malice aforethought? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
Is implied malice permitted a jury to convict a defendant of first degree murder based upon implied malice? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.